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STATE REDACTION LAWS

State Alabama Code Section · Use of Social Security numbers on documents available for public inspection, § 41136 · HB37 · Personal Information Protection Act; HB 65, Adds new chapter 48 to Title 45: § 4548 100 et seq. Law · Prohibits state departments or agencies from placing or revealing a person's SSN on any documents available for public inspection without the consent of the person, or if a minor, the consent of his/her guardian. If no consent is given, the SSN must be redacted. The prohibition does not apply when the SSN is released for a legitimate government purpose. The section is not intended to create a new cause of action, and does not apply to a document originating with any court or taxing authority, any document that when filed by law constitutes a consensual or nonconsensual lien or security lien or security interest, or any record of judgment, conviction, eviction, or bankruptcy. · Judge of probate authorized to redact SSN & birth date from certain records available in electronic format and published online · Prohibits the intentional communication of an individual's SSN, using SSN on an access card, transmitting an unencrypted SSN over the internet, and requiring the use of an SSN as a password or access ID. A knowing violation may result in a fine up to $3000. § 4548400 et seq. · Businesses and governmental agencies must take reasonable measures when disposing of records that contain PII. This includes implementing policies for the burning, shredding, erasing or redacting personal information from documents so that the personal information may not be read. A knowing violation of this section may result in a fine up to $3000. § 4548 500 et seq. · On or before January 1, 2009, the recorder in a county with a population of more than eight hundred thousand persons, shall redact references to complete 9 digit SSNs available on recorder's website. SSNs need not be redacted from documents not on website. The recorder shall also redact complete SSNs on all instruments recorded but not available on the website before the effective date of this amendment to this section, before putting up on website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection. · The recorder in a county with a population of less than eight hundred thousand persons shall redact references to complete 9 digit SSNs on instruments that are available on the recorder's website at the request of the holder of the social security number if the holder identifies the recorded instrument. The recorder shall also redact complete SSNs on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on Date · April 2006 · effective 5/14/09 · April 2008

Alaska

Arizona

· A.R.S. § 11461

· effective 2009

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STATE REDACTION LAWS

SSNAPP Arkansas the website. SSNs may be retained on instruments that are not available on the website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this

subsection.

California

Colorado Connecticut

Delaware

Florida

· Administrative Order No. 19 · ACA §2519 105(b)(12) (FOIA law) · ACA § 486107 · See also Attorney General Opinion letter No. 2008071 · Social Security · Any document recorded between January 1, 1980 and Numbers (SSNs) in Dec. 31, 2008 must have a "public record" version with Local Government the first 5 numbers of the SSN redacted. The Records and Higher recorder's office must redact any documents received after Dec. 31, 2008 as they are received. Beginning Education; Cal. May 19, 2008, the recorder's office will be collecting Gov. Code § 27300 an additional $1 for each instrument submitted for (AB 1168) recording. · no law · The Secretary of State may remove SSNs from certain UCC filings. · Conn. Gen. Stat. § · Prohibits persons or entities (NOT government) from 42470 publicly displaying individual's SSN, printing SSN on card required for services, requiring transmission of unencrypted SSN over the internet. · Public Act No. 08 · Requires redaction of SSN on certified copies of birth or death certificates except where authorized by state 66 or federal law. · Adds §9627 to Title · Authorizes the Recorder for New Castle County, Kent 9, Chpt 96 County and Sussex County to establish administrative procedures that allow for the redaction of sensitive identifying information from recorded instruments. · § 119.071 4(3) · Any person who prepares or files a record for recording in the official records may not include in that record a SSN or financial account info unless otherwise expressly required by law. If a SSN or financial account

· Maricopa Recorder Helen Purcell removed death certificates from online database. They are still available at the Recorder's office. · Applies only to court records, excludes from public access SSNs, financial account numbers, PINs, addresses, and phone numbers in case records. Clerks and courts may, but are not required to, redact or restrict information that was otherwise public in case records and administrative records created before January 1, 2009. · Prohibits disclosure of: Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy · Prohibits a "person" (including individual, corp., partnership or entity) from publicly posting or displaying one's SSN

· adopted 2/22/2007

· Oct. 2007

· · 2003 · 10/1/2008

· 7/8/2009

· 2007

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STATE REDACTION LAWS

· HB 1591 info is included in an official record, such number may be made available as part of the official records available for public inspection and copying unless redaction is requested by the holder of such number. If such record is in electronic format, on January 1, 2011, and thereafter, the county recorder must use his or her best effort, to keep SSNs confidential and exempt, and to keep complete financial account info without any person having to request redaction. Exempts from public disclosure the SSN, driver's license or ID #, and signature of a voter or an applicant to vote. Names, addresses, and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence are also exempt. Requires that an individual's SSN, mother's maiden name, credit card, debit card, bank account, or financial account numbers be redacted, if possible at a reasonable cost, before a record is disclosed. § 5018 72(a)(11.3). An agency may withhold access to a record if disclosure of the record would constitute a "clearly unwarranted invasion of personal privacy[.]" To withhold a record, the agency must show an individual has a significant privacy interest in the information and the significant privacy interest is not outweighed by the public interest in the disclosure. "Significant privacy information" includes SSNs, medical history, and financial information. § 92F14. Any judgment, order or decree for real property recorded in the Bureau of Conveyances or Land Court shall only contain the last 4 digits of the individual's SSN Exempts from public disclosure: SSNs and tax IDs on records filed pursuant to a statutory requirement for licensing, certification, permit or bonding § 9340A H(26). If enacted, bill will amend the counties code so that, upon request, the county recorder will redact or remove certain information from public records. Requires each county recorder, within 12 months after the effective date of the amendatory Act, to submit a written policy (plan) to the General Assembly and the office of the Illinois Attorney General providing for the removal of all social security numbers from all records available from any website maintained by the recorder. Requires recorders to redact (upon written request by an individual) personal information (social security numbers, etc) from internet sites. Also requires recorders with filings on the internet to submit a · effective 1/1/2006

·

Georgia

· Open Records law, · O.C.G.A. § 5018 70 · Open Records Law, § 92F · HB3170 (altering HRS §501151, § 50233, §5041, 6363 · Open Records Law, § 9337 ­ 9350 ·

·5/2008

Hawaii

·

Idaho

·

·1990

Illinois

· ( Placed on Calendar Order of 3rd Reading May 15, 2008) · HB5586/P.A. 95 0875

·

·

· effective Jan. 1, 2009 ·

3 © 20082009 Property Records Industry Association (PRIA). All Rights Reserved.

STATE REDACTION LAWS

written policy and timeline on removing this information from public records. Language from the PRIA model act places obligations on preparers of filed documents and removes recorder's liability. Applies only to recorders with filings on the internet. Documents containing SSNs cannot be submitted to the recorder's office. A county recorder may not disclose a recorded or filed document for public inspection s/he has redacted any SSNs contained in the document. After June 30, 2008, a county recorder or an employee of a county recorder who knowingly, intentionally, or recklessly discloses a recorded or filed document that contains an SSN without having the document searched, to the extent technologically practicable and as permitted by law, using redacting technology commits a Class A infraction. The recorder may receive for record or filing an instrument that conveys, creates, encumbers, assigns, or otherwise disposes of an interest in or lien on property only if all SSNs in the document are redacted, unless required by law. County recorders do not have a statutory or constitutional duty to shield unsolicited SSNs from public disclosure and are not authorized to refuse to record documents simply because a third person placed a SSN on the document. A person who records an affidavit of identity containing the person's own SSN has no reasonable expectation of privacy in the number. If a document that includes an individual's personally identifiable information was recorded with the recorder and is available on the recorder's internet website, the individual may request that the recorder redact such information from the website. The recorder shall establish a procedure by which individuals may request that such personally identifiable information be redacted from the internet record available on the recorder's internet website, at no fee to the requesting individual. This bill would amend existing law to require redaction of personally identifiable information prior to displaying or transferring the documents. The bill also expands the current definition of redaction to include the permanent removal of personally identifying information.

Indiana

· IC § 3627.5. · IC § 3621115

·

· 2005

·

Iowa

Kansas

· Op.Atty.Gen. No. 99101 · § 331.606A · SF465 (adds § 331.603, amends § 331.601 · K.S.A. § 753520

·

·

·

· 2007 · effective 7/1/09

· Prohibits displaying SSNs in documents available for public inspection. However, does not apply to documents recorded in the official records of any recorder of deeds of the county or to any documents filed in the official records of the court.

· 2006

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STATE REDACTION LAWS

· Data Tree LLC v. Meek, 109 P3d 1226 (2005). · K.S.A. § 45221(d) · AG Opinion 1995 055. · KRS § 61878(a)(1) · Court case held Social Security numbers, mothers' maiden names, and dates of birth contained in public records held by county register of deeds were exempt under Kansas Open Records Act from disclosure. · gives public agency the right to redact any information before disclosing the public record. · States SSNs, home address should be redacted from public personnel records. · Exempts from the Public Disclosure law any public · 2008 records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. · · · Prohibits the recorder from displaying more than the last four digits of the social security numbers listed on instruments that his office makes available for viewing on the Internet. · Requests the clerks of court to remove social security numbers from documents in the mortgage and conveyance records prior to making such documents available on the Internet. · · SSN can not be required to receive goods and services. · 2003 · Individual may request redaction of personal · 2008 information from recorded information publicly available on website. The register shall establish a procedure by which individuals make such requests at no fee to the requesting individual. · Social Security Number Privacy Act. No display or · 2005 printing of SSN. Transmission of social security number must be secure. Can not used solely as a login. · No printing of teachers and education employees SSN. · No student SSN on school ID cards. · No SSN on any local government ID · Regulations to safeguard personal information, must · 2007 give notice of breaches. · Redacting / destruction required of personal information. · · SSN must be removed from judgments related to real · 2007 estate recorded documents. No full SSN in recorded · 2005 affidavits. No full SSN in recorded deed. No full SSN in · 2007 reproducing recorded documents · 2007 · Social Security Number Privacy Act · Tax preparers must protect and not retain personal information. · Notice of security breaches required · Can not display, print, publish SSN. Can not use SSN as · 2007 login password. · SSN are private data except when in real estate · 2007 records.

Kentucky

Louisiana

· LA Civil Code Article 3352 C · Louisiana House Concurrent Resolution No 118 (2005).

Maine

· Title 10 § 1272B · Title 33 §651B

Maryland

· § 14 subtitle 34 · § 6114 · § 7113 · § 1109

Massachusetts · Title XV ch. 93H · Title XV ch. 93I · Title XXII ch. 176I · 565.201, 565.401, 565.452, 565.491, 565.551 · 445.8187 · 205.827 · 445.72

Michigan

Minnesota

· 325E.59 · 13.355 · 47.69 · 270C.308

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STATE REDACTION LAWS

· 325M.05 · Financial institutions must protect data. Can't use SSN in electronic terminal · SSN must be hidden on tax docs. from tax dept. · ISPs must take reasonable steps to protect and secure consumer privacy. · State agents must reasonably protect SSNs. · Person may request redaction of personal information from any public website or recorded document. · The preparer of a document shall not include an individual's sensitive personal identifying information in a document that is prepared and presented for recording in the office of the recorder of deeds. "Sensitive personal identifying information" includes federal Social Security numbers, bank account numbers, and credit card account numbers. Should any person's sensitive personal identifying information appear on any document prepared or submitted for recording, the preparer, submitter, or anyone in an agency relationship with the person may redact, remove, or delete the sensitive personal identifying information before submission to the recorder of deeds. · Consumer security breach notice required. · Financial institution may not let SSNs be PINs. · Departments must secure data. · Insurance companies can not use personal information for marketing. A gov agency may require a person who records, files or otherwise submits any doc to the gov agency to provide an affirmation that the doc does not contain the SSN of any person. A gov agency may refuse to record, file or otherwise accept a doc which does not contain such an affirmation when required and any doc which contains the SSN of a person; On or before January 1, 2017, each gov agency shall ensure that any SSN contained in a doc that has been recorded, filed or otherwise submitted to the gov agency before January 1, 2007, which the gov agency continues to hold is maintained in a confidential manner or is obliterated or otherwise removed from the doc. Any action taken by a gov agency must not be construed as affecting the legality of the doc. The preparer of a document shall not include an individual's SSN, credit card number, or deposit account numbers in a document that is prepared and presented for recording in the office of the register of deeds. This paragraph shall not apply to state or federal tax liens, certified copies of death certificates, and other documents required by law to contain such information that are filed or recorded in the office of the register of deeds. · 1998 · 2005 · 2002 · 2002 · 2007 · 2007

Mississippi Missouri SSNAPP

· § 251111 · § 59.332 (only applies to Jackson County) · § 59.331

Montana

Nebraska Nevada

· § 3319321 30 141704 · § 326306 · § 215114 · § 3319307 Unable to find. NRS § 239B.030 NH RSA 478:4b

· 2007 · 1977 · 2003 · 2003

New Hampshire

·

6 © 20082009 Property Records Industry Association (PRIA). All Rights Reserved.

STATE REDACTION LAWS

SSNAPP New Jersey II. If a deed or instrument that includes any of this and was filed with the register and is available on the Internet, the individual may request that the register of deeds redact such information from the Internet record. The register of deeds shall establish a procedure by which individuals may request that such information be redacted from its files which are available on the Internet. Upon request, the information shall be redacted. III. The register of deeds shall comply with an individual's request to redact his or her SSN, credit card number, or deposit account numbers within 5 business days of the receipt of the request, or sooner, if ordered to do so by a court, for good cause shown. N.J. Stat. § 47:116 No person, including any public or private entity, shall = Open Public print or display in any manner an individual's SSN on any Records Act (OPRA) document intended for public recording with any county recording authority. Whenever a document is presented for public recording with any county recording authority and that document displays a person's SSN, the recording authority shall delete, strike, obliterate or otherwise expunge that number prior to recording the document. The fact that such a document is recorded without deleting, striking, obliterating or otherwise expunging that SSN shall not render the document invalid, void, voidable or in any way defective. The county recording authority shall not be liable for any claims arising from a violation of this act · Under OPRA, New Jersey residents have an · NJ Supreme Court expectation of privacy in personal information, case Fred Burnett v. County of including SSNs, found in public records, and have Bergen and Bergen right to have that info redacted. Requestor must pay County Clerk's for the redaction. Office, 2009 N.J. Lexis 165 New Mexico N.M. Stat. Ann. § "the Social Security Number Protection Act" 5712B4 (see Vermont) New York NY CLS Gen Bus § 1/1/2008 No person, firm, partnership, association or corporation, 399dd not including the state or its political subdivisions, shall (Similar to the do any of the following: (the uniform security act follows) adopted SS protection act adopted by other states but just reworded with additional provisions listed here) North Carolina N.C. Gen. Stat. § when collecting a SSN from an individual, to segregate effective July 1, 1321.10 that number on a separate page from the rest of the 2007 (Similar to the record, or as otherwise appropriate, in order that the

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STATE REDACTION LAWS

adopted SS protection act adopted by other states but just reworded with additional provisions listed here) N.C. Gen. Stat. § 1321.18. SB900 SSN can be more easily redacted pursuant to a valid public records request. Shall not: Intentionally communicate or otherwise make available to the general public a person's SSN or other identifying information. Identifying information shall be confidential and not be a public record under this Chapter. A record, with identifying information removed or redacted, is a public record if it would otherwise be a public record under this Chapter but for the identifying information. The presence of identifying information in a public record does not change the nature of the public record. Any person preparing or filing a document for recordation or filing in the official records may not include an SSN, employer taxpayer id, drivers license, state id, passport, checking acc., savings acc., credit card, or debit card number, or personal identification (PIN) code or passwords in the document, unless expressly required by law or court order, adopted by the State Registrar on records of vital events, or redacted so that no more than last four digits of id number included. This bill would allow the Register of Deeds to remove person's social security, employer taxpayer identification, drivers license, state identification, passport, checking account, savings account, credit card, debit card number, date of birth, or personal identification (PIN) code or passwords contained in that official record without the individual requesting the redaction. A document that includes a SSN may not be filed or recorded with the recorder unless a law requires the SSN to be in the document in order to be filed or recorded. A document that is required to contain a SSN may be recorded in the real estate records with the SSN redacted. 2. Notwithstanding any other provision of law, when a copy of a document that includes a SSN is requested, the recorder is not required to redact the SSN unless the document was filed or recorded after December 1, 2003. 3. A document that must include a SSN under chapters 1403 and 2302.1 may be processed and recorded under those chapters; however, the SSNs confidential and must be redacted before a copy may be provided to the public. Sec of State shall not accept a document for filing that includes an SSN or EIN. No Redaction Law. Discusses that you do not have to provide SSN unless required by law. Exemption to this is the education system that will need it upon enrollment and the state tax board. Prohibition on printing, displaying or posting SSN: exemptions: (1) Except as otherwise specifically provided by law a person shall not:(a) Print a consumer's SSN on any materials not requested by the consumer or part of 3/26/09 ­ in committee on judiciary

North Dakota

N.D. Cent. Code, § 111823

Ohio Oklahoma

Ohio Revised Code § 111.241, § 319.28 74 Okl. St. § 3111

9/1/2008

Oregon

ORS § 646A.620 (Similar to the adopted SS

8 © 20082009 Property Records Industry Association (PRIA). All Rights Reserved.

STATE REDACTION LAWS

protection act adopted by other states but just reworded) the documentation of a transaction or service requested by the consumer that are mailed to the consumer unless redacted; (b) Print a consumer's SSN on any card required for the consumer to access products or services provided by the person; or (c) Publicly post or publicly display a consumer's SSN unless redacted. As used in this paragraph, "publicly post or publicly display" means to communicate or otherwise make available to the public. This section does not apply to: A record received on or before October 1, 2007 or a record received after October 1, 2007, if, by state or federal statute or rule, the person that submitted the record could have caused the record to be filed or maintained in a manner that protected the SSN from public disclosure A person, entity, State agency or political subdivision shall not do the following: (1) Publicly post or publicly display in any manner an individual's SSN. (2) Print an individual's SSN on any card required for the individual to access products or services provided by the person, entity or State agency or political subdivision. (3) Require an individual to transmit their SSN over the Internet unless the connection is secure or the SSN is encrypted.(4) Require an individual to use his or her SSN to access an Internet website unless a password or unique personal identification number or other authentication device is also required to access the website.(5) Print an individual's SSN on any materials that are mailed to the individual unless law requires the SSN to be on the document. Section 3.2. Redaction: If an agency determines that a public record contains information which is subject to access as well as information which is not subject to access, the agency's response shall grant access to the information which is subject to access and deny access to the information which is not subject to access. If the information which is not subject to access is an integral part of the public record and cannot be separated, the agency shall redact from the public record the information which is not subject to access and the response shall grant access to the information which is subject to access. The agency may not deny access to the public record if the information which is not subject to access is able to be redacted. Information which an agency redacts in accordance with this subsection shall be deemed a denial under section 3. "the Social Security Number Protection Act" 1/1/2008 (see Vermont)

Pennsylvania SSNAPP Rhode Island

74 P.S. § 201 (Similar to the adopted SS protection act adopted by other states but just reworded) Open Records Act 65 P.S. §66.1

R.I. Gen. Laws § 6 488 "Social security number protection" South Carolina S.C. Code Ann. § 30 4160

Sale of SSNs or driver's license photograph or signature: This chapter does not allow the DMV to sell, provide, or otherwise furnish to a private party SSNs in its records,

9 © 20082009 Property Records Industry Association (PRIA). All Rights Reserved.

STATE REDACTION LAWS

§302310 §302320 § 302330 S.D. Codified Laws § 321217.10; §3212 17.13 · §12744 (SB80) copies of photographs, or signatures, whether digitized or not, taken for the purpose of a driver's license or personal id card.(B) Photographs, signatures, and digitized images from a driver's license or personal identification card are not public records. A public body may not collect a SSN or any portion of it containing six digits or more unless authorized by law to do so or unless the collection of the SSNs otherwise imperative for the performance of that body's duties and responsibilities by law. SSNs collected by a public body must be relevant to the purpose for which collected and must not be collected until and unless the need for SSN has been documented. Can disclose SSN for debt collection; court order, subpoena, warrant; public health purposes; on certified copies of vital records; docs filed with the court and county. A person preparing or filing a document to be recorded or filed in the official records by the register of deeds or the clerk of court of a county may not include an individual's SS, driver's license, state id, passport, checking acc., savings acc., credit card, or debit card number, or personal identification (PIN) code, or passwords in that document, unless otherwise expressly required by law or court order or rule adopted by the State Registrar on records of vital events. A loan closing instruction that requires the inclusion of an individual's SSN on a document to be recorded is void. A person who violates this subsection is guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars for each violation. · Prohibits the display of SSNs on driver's licenses or nondriver's identification cards and the use of electronic barcodes containing SSN data. · No state agency or any of its political subdivisions or any official, agent, or employee of any state agency or political subdivision may: (1) Knowingly release or post any person's social security number on the internet Redaction of social security numbers for military veterans. SSNs on documents ­ Redaction: (a) The preparer of any document recorded in the office of the county register of deeds shall not place a SSN on any document filed or recorded in the office of the county register of deeds, other than a power of attorney. However, the county register shall not refuse to record a document for failure of the preparer to comply with the prohibition contained 12/31/2008

South Dakota

· 3/2008

Tennessee

Tenn. Code Ann. § 107513 Tenn. Code Ann. § 107515

10 © 20082009 Property Records Industry Association (PRIA). All Rights Reserved.

STATE REDACTION LAWS

in this section regarding use of SSNs; nor shall the failure to comply with such prohibition affect the validity or recordability of any document.(b) Any person or the surviving spouse, attorneyinfact, or court appointed guardian of the person, may request that a county register of deeds redact the person's SSN from any recorded document, if the records are stored in a manner that permits redaction.(c) The request for redaction of a SSN shall be made on a paper writing. Tex. Bus. & Com. "the Social Security Number Protection Act" Code § 501.001 (see Vermont) § 552.147 A governmental body may redact the SSN of a living person from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G. Notwithstanding any other law, a county or district clerk may disclose in the ordinary course of business a SSN that is contained in information held by the clerk's office, and that disclosure is not official misconduct and does not subject the clerk to civil or criminal liability of any kind under the law of this state, including any claim for damages in a lawsuit or the criminal penalty imposed by Section 552.352.(d) Unless another law requires a SSN to be maintained in a government document, on written request from an individual or the individual's representative the clerk shall redact within a reasonable amount of time all but the last four digits of the individual's SSN from information maintained in the clerk's official public records, including electronically stored information maintained by or under the control of the clerk. The individual or the individual's representative must identify, using a form provided by the clerk, the specific document or documents from which the partial SSN shall be redacted. Utah Code Ann. § The following records are private: that part of a record 632302 indicating a person's SSN or federal employer identification number; that part of a voter registration record identifying a voter's driver license or identification card number, SSN or last four digits of the SSN. 1 VSA § 317 Exempts from public disclosure records that contain: (22) passwords, access codes, user identifications, security procedures and similar information where disclosure would threaten safety of persons or security of public property; · HB2427 (adds Chpt · Bill would exempt from public disclosure under the 38.1 to Title 2.2) FOIA the first 5 digits of an SSN · RCW § 42.56.230, · Exempts from public disclosure personal information amended by including credit card, debit cards, electronic check or

Texas

Added by Acts 2005, 79th Leg., Ch. 741, § 9, eff. June 17, 2005.

Utah

Vermont

Virginia

Washington

· signed by Gov 3/27/09, effective 7/1/09 · HB 2729 will become

11 © 20082009 Property Records Industry Association (PRIA). All Rights Reserved.

STATE REDACTION LAWS

H.B. 2729 · RCW § 65.045 other financial account numbers, and expiration dates, and any documents/materials/images used to prove identity, age, home address, SSN, or other personal info required to apply for a driver's license or ID card effective 6/12/08

Washington, D.C. West Virginia

Unable to find W. Va. Code § 165 33

Wisconsin

Wyoming

(a) A SSN obtained in the filing of a certificate of live birth, an application for a delayed registration of birth, a judicial order establishing a record of birth, an order of adoption, an affidavit of paternity or a judicial order establishing paternity, or any other record may not be transmitted to the clerk of the county commission.(b) No SSN may appear upon the public record of the index of births or upon any certificate of birth registration issued by the State Registrar, local registrar, county clerk or any other issuing authority. (c) The State Registrar may make SSNs available to the Bureau for Child Support Enforcement upon its request, to be used solely in connection with the enforcement of child support orders.(d) The Section of Vital Statistics may utilize SSNs in accordance with legislative rules of the department, as allowed by or to meet the requirements of federal regulations. Wis. Stat. § 59.43 A register of deeds may not record any instrument (in reference to offered for recording if it contains the SSN of an recording Deeds) individual. If a register of deeds is presented with an instrument for recording that contains an individuals SSN, and if they record the instrument but do not Was 2005 Wisconsin discover that the instrument contains an individuals SSN until after the instrument is recorded, they may not be act 139 which held liable for the instrument drafters placement of an created this. individuals SSN on the instrument and the register of deeds may remove or obscure characters from the SSN such that the SSN is not discernable. If a register of deeds records an instrument that contains the complete SSN of an individual, the instrument drafter is liable to the individual whose SSN appears in the recorded public document for any actual damages resulting from the instrument being recorded. If a register of deeds is presented with an instrument for recording that contains an individuals SSN the register of deeds may, prior to recording the instrument, remove or obscure characters from the SSN such that the SSN is not discernable. No current law in The public records laws do not recognize redaction as of regards to redaction. yet. Case law within the state has cited redaction as an The PR law is: W.S. § appropriate tool but only in instances regarding the 164201205 media as of late. Allsop v. Cheyenne Newspapers, Inc., 2002 Wy 22.

March, 2006

This information was compiled between May, 2008 and July, 2009. It may not be accurate or current.

12 © 20082009 Property Records Industry Association (PRIA). All Rights Reserved.

STATE REDACTION LAWS This document is not intended or offered as legal advice. This document is intended for general informational use only and should not be relied upon exclusively. The summaries presented are not to be construed as legal advice or legal opinions on any specific matters. Users of this document should not act, or fail to act, upon this information without seeking competent legal counsel in their jurisdiction. No person should act or fail to act on any legal matter based on the contents of this document. The Property Records Industry Association (PRIA) makes no warranty with respect to this document, and assumes no legal liability or responsibility whatsoever for the accuracy, completeness, or usefulness of any information contained herein. PRIA specifically disclaims all warranties, express and implied, including without limitation the warranties of merchantability, and fitness for a particular purpose. In no event will PRIA be liable for any special, indirect, incidental, or consequential damages. If you are aware of any inaccuracies contained herein, please send an email to [email protected]

13 © 20082009 Property Records Industry Association (PRIA). All Rights Reserved.

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